Thanksgiving Preparations

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Attorney Mark Matney of Newport News, Virginia focus on traffic cases on the Peninsula from Hampton and Newport News to New Kent. During the week before Thanksgiving we were busy helping clients with the following matters:

Speeding 64/45 in York County – amended to defective equipment
Reckless Driving 79/55 in Charles City County – amended to speeding
Reckless Driving in Work Zone in New Kent – amended to speeding
Improper Passing in Williamsburg – dismissed
Speeding 38/25 in Williamsburg – dismissed
DUI with 5 other charges in New Kent – 3 misdemeanors and a traffic infraction dismissed + drug charge reduced + minimum sentence for the DUI
Restricted License petition in Newport News – granted
Fail to Obey Traffic Signal with Accident in Newport News – dismissed
2nd DUI in Hampton – Minimum sentence for DUI, first offender program with ultimate dismissal for drug charge, 3 misdemeanors dismissed: Refusal 2nd, Driving with suspended license, Failure to appear.
There were also two accident cases in Newport News that were appealed to the Circuit Court for new trials.

December 12, 2019

Matney Law PLLC - DUI - DWI Lawyer - Traffic Court Attorney - Williamsburg - Newport News - Hampton Roads Virginia

Abigail Hockett

Associate Attorney at Matney Law PLLC

Learn More!

I Welcome Your Comments

Reckless Driving in the Juvenile and Domestic Relations Court

Reckless Driving
Posted by Mark Matney of Holcomb Law, PC Newport News, VA
www.matneylawpllc.com
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Two recent cases demonstrate that extra preparation by minors can have an extraordinary impact on their cases. The two clients, both age 17 when they were stopped, were charged with reckless driving at speeds over 100 mph. I have seen Circuit Court judges on the Peninsula sentence minors to active jail time at these speeds. However, both of these clients had their cases dismissed. No reporting to DMV, no demerit points, no misdemeanor convictions, no insurance rate adjustments, no suspended licenses, no jail. The charges were outright dismissed.

For the first case, the young lady was placed on house arrest with an ankle bracelet pending the trial date. She was only permitted to leave her home to go to school and work and was not permitted to drive for most of the pretrial period. In addition to all of these complications, she volunteered many hours of community service before her court date. After court she had to avoid any new violations pending a review date. The second client, a young man, completed two driver improvement classes and volunteered before court. After the court hearing the judge required a significant number of additional community service hours and the avoidance of any new charges before his review date.

These clients helped me and my associate attorney, Abigail Hockett, to achieve the best possible results by following our preparation instructions and then exceeding the judge’s expectations before their review dates.

October 25, 2019

Trial in Absence

Blog - Trial in Absence
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com

Often people contact me who do not live locally and they ask whether they need to appear for court. For traffic infractions that do not involve an accident, I can usually appear on behalf of my clients. However, for misdemeanors and accident situations we have to look at each individual case to evaluate whether the judge would permit the client’s absence and whether we would be likely to obtain the best result in the client’s absence.

I had three recent cases in which I appeared on behalf of clients in their absence.
10/07/19: Speeding 76/60, amended to defective speedometer, which carries no demerit points.
10/10/19: Reckless driving by speed, 85 / 65, amended to improper driving, avoiding the misdemeanor and reducing the demerit points and the length of time the charge will be reported by DMV.
10/15/19: Speeding, 64/45, amended to defective equipment with no demerit points.

October 25, 2019

Guilty of Reckless Driving

Reckless Driving
Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com

Mark, why are you writing about someone who was found guilty of reckless driving? To warn you not to make matters worse when you see police lights!

My client was charged with reckless driving by speed at a speed where judges will often amend the charge from reckless driving to speeding. However, instead of stopping immediately for the state trooper, my client just kept driving. The trooper testified that he activated his lights for ¾ mile but my client kept driving, that he then activated his siren, but my client kept driving, that she stopped for a red light, but took off again when the light turned green, and that she then continued driving despite lights and sirens. Finally, my client stopped suddenly in the left lane. The trooper graciously refrained from charging my client with evading / eluding police or from arresting her at the scene and instead issued her a summons for Reckless Driving by speed. However, the judge was not impressed when my client had no explanation for the failure to respond to the trooper’s emergency equipment and refused to amend the charge from reckless driving.

If you see police lights, then you are required to yield. Move promptly to the right lane or shoulder to permit the police to pass you. If you realize the police lights are for you, then pull off of the road as soon as possible. You may proceed to a safe place to pull over if there is no shoulder or no light, but do it quickly and do not pass reasonable places to pull over.

October 22, 2019

Reductions & Dismissals, and Some Great Deals !!

Traffic Court Reductions & Dismissals
Posted by Lawyer Mark Matney of Holcomb Law, PC - Newport News VA
www.matneylawpllc.com
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The week, or so, of September 10-19, 2019 was a lot of fun for the clients of Holcomb Law, PC.
9/10: Speeding, 50/35. Amended to defective equipment despite client having two prior speeding tickets on her DMV transcript. No DMV demerit points!
9/11: Speeding, 49/35. Dismissed with only the payment of court costs!
9/12: Driving with Suspended License, 4th offense. Amended to Driving without a license with only a $100 fine. This avoided a mandatory sentence of 10 days of jail and 90 days of license suspension.
9/16: Speeding, 73/55. Amended to defective equipment. No DMV demerit points!
9/17: Reckless Driving by Speed, 85/55. Dismissed without a fine or court costs! Avoided criminal misdemeanor and DMV demerit points.
9/17: Reckless Driving by Speed, 104/65. Jail sentence limited to one weekend despite 39 mph over the limit and over 100 mph. The Peninsula judges start considering jail at 90 mph and at 30 miles over the speed limit regardless of the speed limit.
9/18: Speeding, 63/45. Amended to improper equipment. No DMV demerit points!
9/19: DWI, 1st offense. Amended to Reckless Driving. Avoided the stigma of DWI and the ignition interlock machine and reduced the restricted license period from 12 months to 6 months.
9/19: DWI, 1st offense. Avoided active jail sentence despite an accident with injuries and presence of an illegal substance in client’s system.

September 25, 2019

Trial in Absence, also known as “Do I have to come to court?

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Trial in Absence... I often represent people who do not come to court with me. Last month, for example, I accomplished the amendment of a charge of Reckless Driving by Speed, 88/60, to Speeding for a Pennsylvania resident. Attorney Mark Matney - Holcomb Law, PC is a traffic court and DUI defense law firm. Read our reviews on Avvo...

September 25, 2019

Where’s the beef?

Posted by Mark Matney of Holcomb Law, PC Newport News VA
www.matneylawpllc.com
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Where's The Beef... Do you remember the Wendy’s commercial with the three ladies sliding around in the back seat of car as the searched for the beef in the competitors’ hamburgers? Sometimes I face the situation of “Where’s the officer?” Often people ask me if their case will be dismissed if the police officer does not show up for court. The answer is … maybe! It depends on the reason the officer is not present, the type of case, and the judge. Attorney Mark Matney - Holcomb Law, PC is a law firm located in Newport News Virginia, that specializes in DUI and Traffic Court defense. Check out or Avvo Reviews...

If The Charge Has Been Less Serious

This morning a state trooper was not present for court and the judge announced that the trooper was working at an accident scene and would not be able to arrive within a reasonable period of time. Since the trooper had contacted the court with an explanation for his absence, the judge continued his cases. My client today is facing a very serious reckless driving charge that could result in jail time and license suspension, so he was glad to have the court date continued to a new day. However, if the charge had been less serious, such as a speeding ticket or a low speed reckless driving case, the judge may have been willing to permit us to proceed in the absence of the trooper.

In two other recent cases, however, the charges against my clients were dismissed when the police officer did not appear for court. These cases involved a trooper who did not appear and did not notify the court of an excused absence, such as training or illness. Both clients avoided Reckless Driving by Speed. At other times, it is a witness who is missing. A client’s accident case (unsafe lane change) was dismissed last week when the officer’s witness did not arrive. Sometimes judges will give the police a continuance in this circumstance. However, I spoke with the officer and showed him my client’s driver improvement course certificate and other court preparations and the officer agreed to the case being dismissed instead of moved to a new date.

June 15, 2018

How Are DMV Demerit Points Calculated?
Attorney Mark Matney has put together a great video on the subject!

Contact Us

DMV Demerit Points

Ever wondered about how driving demerit points are calculated? Mark Matney of Holcomb Law, PC explains everything in his video about how Demerit Points are calculated. See below personal examples of three speeding tickets in one year and the importance of fighting each one in order to minimize DMV demerit points.

1) Speeding up to 9 mph over the limit is a 3 point violation, 10-19 mph over the limit is a 4 point violation, and speeding 20 mph and over is a 6 point violation.

2) DMV assigns the same number of demerit points to a speeding ticket of 20 mph or more over the speed limit as it does to reckless driving.

3) If the court amends a reckless driving by speed charge to a speeding ticket but does not lower the speed, then the DMV will still apply the same number of demerit points as reckless driving.

Questions on DUI, Speeding, Reckless driving, or driving while suspended please call Attorney Mark Matney at (757) 703-4556

June 4, 2018

Virginia Alcohol Safety Action Program (ASAP)

General Information, State Directory
Phone: 804-786-5895
Website: www.vasap.state.va.us/index.html

Chesapeake Bay ASAP
757-552-1800
868North Newtown Road
Virginia Beach, VA 23462
http://www.vasap.org/chesapeakebay/
Serving: Accomac, Northampton, Norfolk, and Virginia Beach

Peninsula ASAP
757-594-8970
216 Village Parkway
Newport News, VA 23601
http://www.peninsulaasap.com/
Serving: Charles City County, Hampton, James City County, Newport News, Poquoson, Williamsburg, and York County

Southeastern Virginia ASAP
Portsmouth location:
757-396-6980505
Washington Street,
Suite 710
Portsmouth, VA 23704

Suffolk location:
757-925-1597
140 West Washington Street,
Suite 104
Suffolk, VA 23434
http://www.vasap.state.va.us/locateanasap/southeasternvirginia.html
Serving: Chesapeake, Franklin, Isle of Wight, Portsmouth, Smithfield, Southampton and Suffolk

June 4, 2018

Counseling and Substance Abuse Treatment

The Lawyers at Holcomb Law PC – counseling and substance abuse treatment information. Attorney Mark Matney defends people against reckless driving, speeding, expired license, running a red light, DUI, DWI, driving without license, passing a stopped school bus. Our attorneys serve Williamsburg, Newport News, Hampton, Yorktown, Gloucester, Surry, Toano.

Clients of Holcomb Law, PC have received counseling and substance abuse treatment from the following programs. We welcome your input on these programs and your suggestions for providers of similar services.

Recovery for Life – Dr. Paul Hardy
Virginia Beach
757-456-0093
https://www.myrecoveryforlife.com

Edgehill: A Recovery Retreat Center
540-662-8865
315 East Cork Street
Winchester, VA 22601
https://edgehillrecovery.org

The Farley Center at Williamsburg Place
757-565-0106 / 800-582-6066
5477 Mooretown Road
Williamsburg, VA 23188
https://farleycenter.com

Iron Bridge Recovery Center
67-1 Court Yard Rd., Chester, VA 23881
888-709-4441
https://ironbridgerecovery.com

I Welcome Your Comments

Thanksgiving Preparations

Abigail Hockett

I Welcome Your Comments

Reckless Driving in the Juvenile and Domestic Relations Court

I Welcome Your Comments

Trial in Absence

I Welcome Your Comments

Guilty of Reckless Driving

I Welcome Your Comments

Reductions & Dismissals, and Some Great Deals !!

Trial in Absence, also known as “Do I have to come to court?

I Welcome Your Comments

Must be present for their court dates?

Reckless Driving to Speeding

I Welcome Your Comments

Where’s the beef?

If The Charge Has Been Less Serious

DMV Demerit Points

Virginia Alcohol Safety Action Program (ASAP)

Counseling and Substance Abuse Treatment